MUKESH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No. 421/2012 registered at Police Station SB Dairy, Delhi, for the offences punishable under Ss. 498A/406/34 IPC and the consequential proceedings emanating therefrom against them. Learned counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No. 2, namely, Ms. Meenu @ Ritika, consequent upon certain matrimonial and domestic disputes having arisen between the parties. The case is at the initial stage of trial as charge sheet has been filed, however charges are yet to be framed. Meanwhile, the respondent No. 2 and the petitioner No. 1 have amicably settled their disputes for an amount of Rs. 3,17,000/ - as full and final settlement and made joint statement before Family Court, Rohini Courts, Delhi on 24.01.2015. As per the said settlement, two instalments of Rs. 1,00,000/ - each were paid at the time of recording of statement for first motion petition and second motion petition for divorce by mutual consent and the balance amount of Rs. 1,17,000/ - is being paid today in the Court vide bankers cheque No. 293077 dated 25.02.2016 drawn on State Bank of India, in favour of respondent No. 2, which facts have not been disputed by the respondent No. 2.

(2.) Learned counsel for the petitioners further submits that consequent to the said settlement, marriage between the petitioner No. 1 and respondent No. 2 has been dissolved vide decree of mutual divorce dated 13.08.2015 under Sec. 13B(2) of the Hindu Marriage Act, 1955. Since the agreed amount has also been paid by the petitioners, thus, respondent No. 2 does not wish to pursue her case further against the petitioners.

(3.) Respondent No. 2 is personally present in the Court alongwith her counsel named above and she has been duly identified by the Investigating Officer of the case. Learned counsel under instructions of respondent No. 2, does not dispute the submissions made by learned counsel for the petitioners and submits that the present matter has been amicably settled, marriage between the respondent No. 2 and the petitioner No. 1 has been dissolved vide decree of divorce dated 13.08.2015, she has received the entire agreed amount and has no complaints whatsoever against the petitioner No. 1 and his family members. The affidavit of respondent No. 2 is at page No. 60 of the petition. Respondent No. 2 states that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question may be brought to an end.